Victorian Government and Birth Certificates

History cannot be changed.

This axiom used to be true, until now with the Victorian Government introducing a Bill, giving people freedom to alter their birth certificates, as much as once a year, should they feel the need.

Would you like to change your birth certificate? Perhaps the year in which you were born? What about the place of your birth? We are not yet able to make these changes, but you will be able to change the identity of your gender, should you decide that your preference no longer matches your birth gender.

Birth certificates were once sacrosanct, treated as definitive legal documents. What was once subject to facts surrounding the birth of a child, can now be repeatedly changed according to how individuals wish to reconstruct their sexual identity.

I want a pause for a moment and recognise that gender dysphoria is real, although rare. I am not without personal knowledge of Victorians who are genuinely struggling and suffering due to gender confusion, and they seek resolution and acceptance (which does not always mean being identified in ways contrary to their biological sex). I want to affirm their dignity and humanity, and would pray that they would come to know the God who loves and gives us the greatest and most fulfilling identity, of being in Christ and knowing him.

My intent is not to cause people greater consternation, but to explain that this Bill does not provide answers.

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The Bill’s scope includes transgender, gender diverse, and intersex persons.  Transgender for example, is not identical with gender dysphoria, although it’s inclusive of; trans covers a broad range of sexual expressions. The category of gender diverse technically means, well, almost anything. The point is, the Bill’s parameters are so broad as to include persons who are not suffering medically diagnosed sexual dysphoria, but include people who for many reasons wish to change their legal status.

The Government website summarises the Bill as follows:

The Victorian Government will remove barriers for trans, gender diverse and intersex Victorians seeking new birth certificates.

Delivering on another equality agenda election commitment, the Births, Deaths and Marriages Registration Amendment Bill 2016 to be introduced in Parliament today removes the need for applicants to have undergone sex affirmation surgery before being able to apply for a new birth certificate.

Importantly, the Bill also ensures couples will no longer be forced to divorce if one partner wishes to apply to change the sex recorded on their birth registration.

Adults will be able to apply to alter the sex recorded on their Victorian birth registration and birth certificate.

Under the changes, an applicant will be able to nominate the sex descriptor in their birth registration as male, female or specify a gender diverse or non-binary descriptor.

The Registrar of Births, Deaths and Marriages will be able to refuse to register an amendment descriptor that is obscene or offensive, or if it is not reasonably established as a sex descriptor.

The Bill will also introduce a new process enabling parents or a guardian to apply to alter the sex recorded on their child’s birth registration.

The process will require the child’s consent. The application must be accompanied by a supporting statement from a doctor or registered psychologist confirming the child has capacity to consent, and that the change is in the best interests of the child. Children over the age of 16 will be assumed to have capacity to consent.

Why is this Bill problematic?

The social, familial, educational, and legal implications are enormous. For example,

1. Persons will be permitted to change their birth certificate every 12 months (according to the amended Section 30A). This is not an abstract over-the-top never-going-to-happen eventuality, for why would the Government provide this known loop hole if it is not designed to be used? And why, given the significance of this point, has it not been delineated by the Government in their press releases?

2. Apart from the legal and social confusion arising from persons changing their identified gender, perhaps annually, the Government has created a back door for same sex marriage:

A married man can choose to now identify as a women on his birth certificate, without having to divorce his wife. Or a unmarried woman may change her birth certificate to male and therefore be legally free to marry a woman, and should they choose 12 months later, change back to female without needing to divorce.

3. Gender confusion exists among a small but significant number of children. Research has demonstrated that as children mature their psychology will conform to their biology, and thus grow out of their confusion. For a tiny percentage, dysphoria continues into adulthood, but this is not the norm.

It is therefore not difficult to see the problems arising when young children and parents, due to misinformation being now taught in our schools about sexuality, are told that their little boy is in fact a girl and should identify as such (there are numerous examples of this happening in Victorian primary schools at the moment). What will happen is that children will have their birth certificates altered, and be treated as a different gender, only to realise in adolescence that they are in fact what their biology says. This will result in all manner of social, legal, and personal disorientation for these children and their families.

We need to appreciate how incredibly dangerous this Bill is to the health and well being of young Victorians.

4. Biologically, even with sex-change surgery, one cannot change their gender. Changing one’s birth certificate does not alter one’s identity, and thus it will create a dissonance between one’s legal status and one’s nature.

The births, Deaths and Marriages Registration Amendment Bill 2016 is the latest step in a social engineering agenda that has been moving in the background for many years and is now being championed by Daniel Andrews.

There are many difficult and pastoral issues surrounding these issues, but the fact is, the now many legal and social changes that have been forced upon Victorians by the current Government will not relieve and lay aside issues surrounding sexuality, but will only heighten sexual confusion in our society.

Teaching boys and girls that are not boys and girls, and that they can choose and change their sexual identities, depending on how they are feeling for the day, is frightening and irresponsible; this is not education, and it is not responsible lawmaking.

The Bill was due for final consideration and vote in the Legislative Council earlier this month, but the Government has delayed the vote due to a lack of support by members.

Perhaps it would be helpful if the Government paused and considered the due concerns of their Parliamentary colleagues and of the broader public whom they are here to represent and serve.

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4 thoughts on “Victorian Government and Birth Certificates

  1. Thanks for your comments, Murray, I agree,This proposal is a bad idea. It also raises some quite complex legal issues. I do not think that the Commonwealth is obliged to recognise whatever a State says about a person’s “preference” for their own gender. Hence there are serious questions as to whether a person who has changed from F to M in Victoria, for example, will indeed then be able to marry a woman legally under the current law- I think there is serious doubt about this. (I know the Full Federal Court in “Kevin and Jennifer” said that a sex change after medical treatment and reassignment surgery would be recognised by Commonwealth law, but (1) that has never been tested in the High Court, and (2) a change of gender made under this proposed Vic law without medical advice or surgical intervention might be regarded as distinguishable from that previous decision.)

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  2. Pingback: Legal problems with Victoria’s new birth certificate gender laws | Law and Religion Australia

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